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KENNEDY-INGALLS CORP. v. MEISSNER

11 Wis.2d 371 (1960)

KENNEDY-INGALLS CORPORATION, Respondent, v. MEISSNER and another, Appellants.

Supreme Court of Wisconsin.

November 1, 1960.

Attorney(s) appearing for the Case

For the appellants there were briefs by Michael Klein and Arnold, Philipp & Murray, all of Milwaukee, for the Associated Sales & Bag Company, and by Rosenbaum & Rosenbaum and Arnold, Philipp & Murray, all of Milwaukee, for Roland E. Meissner, and oral argument by Mr. Morris Karon of Milwaukee, Mr. Suel O. Arnold, and Mr. Klein.

For the respondent there was a brief by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Victor M. Harding of counsel, and oral argument by Victor M. Harding and Irving W. Zirbel, all of Milwaukee.

FAIRCHILD, J.

1. Motion for dismissal of Associated. In 1951, Associated had on hand some government-surplus smocks of the surgical type, with high-fitting neck and sleeves. Kennedy-Ingalls bought these at 75 cents as follows: On March 6th—3, on March 9th—500, on April 9th—526, and on April 26th—11. Kennedy-Ingalls cut the smocks into aprons, and sold all but 40 or 50 to Smith. On September 23, 1952, Meissner sold 1,007 smocks to...

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